Allgemeine Lieferungs- und Zahlungsbedingungen

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9. Shipment and transfer of risk Seite 8 von 10 Umform- und Bearbeitungstechnik (1) Goods that have been notified as ready for shipping must be accepted without delay, otherwise we are entitled, at our option, to ship them or to store them at the purchaser’s cost and risk. We are also entitled to the latter option if the shipment we have undertaken cannot be performed through no fault of our own. The goods shall be deemed as delivered one week after commencement of storage. In the absence of any special agreement, we will choose the transport method and route. Partial deliveries are permitted. (2) The risk of the goods is passed to the purchaser when the goods are passed to the railway operator, the carrier or the freight forwarder, or on commencement of storage if applicable. This also applies where we have carried out the delivery. 10. Delayed delivery (1) If we can see that the goods cannot be delivered within the delivery period we will notify the purchaser and state the reasons, and where possible will indicate the estimated delivery time. (2) If the delivery is delayed by one of the circumstances listed in section 14 or due to an action or neglect by the purchaser, an extension of the delivery time will be granted appropriate to the circumstances. (3) The purchaser is only entitled to withdraw from the contract where we are responsible for non-compliance with the delivery date and he has set a suitable extension period to no avail. 11. Retention of title (1) We retain title to the delivered goods until all claims arising from the business relationship have been satisfied; all deliveries shall be considered as one inclusive delivery transaction. In the case of current accounts, the reserved goods shall serve as security for our payment balance claim. (2) The purchaser is entitled to resell the delivered goods in the course of normal business operations unless we revoke this authorisation. He may not however either pledge the reserved goods or assign them by way of security. He is obliged to safeguard our rights in the event of a credited resale of the reserved goods. (3) Withdrawal from the contract is not necessary to claim the retention of title, unless the customer is a consumer. (4) The purchaser shall assign as security all claims and rights from the sale, or from rental granted to the purchaser where applicable, of goods to which we have right of ownership with immediate effect. We herewith accept the assignment. (5) Any finishing or processing of the reserved goods is always performed by the purchaser on our behalf. If the reserved goods are processed with other objects that are not our property or inseparably mixed with them, we shall acquire co-ownership of the new product in the ratio of the invoice value of the reserved goods to that of the other processed or mixed goods at the time of the processing or mixing. (6) If our goods are combined or inseparably mixed with other moveable goods into a unified product and the other product is considered to be the main object, the purchaser shall transfer to us a proportion of co-ownership to the extent that the main product belongs to him. The purchaser shall keep the ownership or co-ownership for us. As for the rest, the same shall apply to the object arising from processing, combining or mixing as for the reserved goods. (7) The purchaser must notify us immediately of any enforcement measures by third parties in respect of the reserved goods, the claims assigned to us or other securities, and must provide us with all the documents necessary for an intervention. This also applies to impairments of any other kind. (8) If the value of the existing securities exceeds the secured claims by more than 20% overall, we are obliged to release securities at our choice to that extent at the purchaser’s request.
12. Withdrawal Seite 9 von 10 Umform- und Bearbeitungstechnik (1) In the event of breach of contractual obligations by the purchaser, in particular of arrears default, and where an appropriate period extended to the purchaser to perform has passed to no avail, we are entitled to withdraw from the contract in respect of the supplied goods. The statutory provisions on the dispensability of setting a time limit are not affected. The purchaser is then obliged to surrender the supplied goods. (2) We are also entitled to withdraw from the contract where an application has been made for insolvency proceedings for the buyer’s assets. 13. Material defects (1) The quality of the goods is based solely on the agreed technical delivery regulations. If we are have to supply goods in accordance with drawings, specifications, samples, etc. of the purchaser, the purchaser shall bear the risk of the suitability of the goods for their intended purpose. The conformity of the condition of the goods to the contractual requirement is determined as at the time of the transfer of risk as set out in section 9. (2) We shall not be responsible for material defects arising from unsuitable or improper use, faulty installation or commissioning by the purchaser or a third party, normal wear and tear, faulty or negligent handling, nor for the consequences of modification or maintenance work performed improperly and without our consent by the purchaser or a third party. The same applies for defects that only slightly affect the value or suitability of the goods. (3) Claims for quality defects shall become statute-barred in 12 months. This does not apply where longer periods are mandatory by law. (4) If a final acceptance or initial sample check was agreed, any later deficiency claim is excluded where the purchaser could have established the fault by careful acceptance or careful checking of the sample. (5) We must be given the opportunity to establish the reported defect. Rejected goods should be returned to us immediately on request; we will bear the cost of transport if the complaint is justified. If the purchaser does not observe these obligations or makes modifications without our agreement to already rejected goods, he shall forfeit any claim in respect of the defect. (6) In the case of a justifiably and promptly rejected defect, we shall repair the rejected goods or supply fault-free replacements at our decision. (7) If we are unwilling or unable to provide a repair or a replacement, if this is delayed beyond an appropriate period for reasons for which we are responsible or if the repair or replacement work fails in any other way the purchaser is entitled, if further efforts to obtain subsequent fulfilment are unreasonable for him, at his discretion either to withdraw from the contract, to demand a reduction in the price or to carry out the remedial work himself or through a third party at our cost and risk. A refund of costs is excluded where outlays are increased because the goods have been transported to another location following our initial delivery, except where this corresponds to the intended purpose of the goods. (8) The purchaser shall have statutory rights of recourse against us only where the purchaser has not reached any agreements with his customer that exceed statutory claims for defects. For the extent of such rights of recourse, section 13 (7) last sentence shall apply accordingly. 14. Other claims, liability (1) We are liable in accordance with the provisions of the Product Liability Law (Produkthaftungsgesetz) and in cases of incapacity or impossibility for which we are responsible. Additionally we are liable for damages under the legal provisions in cases of deliberate acts, gross negligence, where a warranty has been assumed or in cases of injury to life, limb or health for which we are responsible. If through simple negligence we violate an obligation that is significant for the contract (a so-called cardinal obligation), i.e. an obligation the fulfilment of which is necessary for the normal performance of the contract to be possible and on the fulfilment of which the purchaser can generally rely, our obligation to indemnify shall be restricted to foreseeable damages that are typical of the contract. In all other cases of liability, claims for damages due to the violation of an obligation arising from the contractual relationship or due to illegal actions are excluded, so that we are not liable in this respect for the purchaser’s lost earnings or for other damages to the purchaser’s assets. (2) Where our liability is excluded or restricted owing to the above provisions, this shall also apply to the personal liability of our employees, staff and personnel, representatives and vicarious agents.
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Seite 3 und 4: 9. Versand und Gefahrübergang Seit
Seite 5 und 6: Seite 5 von 10 Umform- und Bearbeit
Seite 7: Seite 7 von 10 Umform- und Bearbeit

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